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Comparative Succession LawVolume II: Intestate Succession$
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Kenneth Reid, Marius de Waal, and Reinhard Zimmermann

Print publication date: 2015

Print ISBN-13: 9780198747123

Published to Oxford Scholarship Online: October 2015

DOI: 10.1093/acprof:oso/9780198747123.001.0001

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Intestate Succession in Spain

Intestate Succession in Spain

(p.96) 5 Intestate Succession in Spain
Comparative Succession Law

Sergio Cámara Lapuente

Oxford University Press

This chapter discusses intestate succession law in Spain. It starts with some background information on the status and incidence of intestate succession in Spain and sources of law. It then traces the historical development of intestate succession law, from the Visigothic law of intestate succession to the birth of the Civil Code in 1889. It shows that the rules set out in the Code are linked, on the one hand and principally, to Justinianic law as incorporated in the thirteenth century into the Siete Partidas, and on the other hand, to a lesser extent, to certain vestiges of an earlier Visigothic tradition found in the Liber Iudicum and Fuero Real. Next, the chapter sets out the modern law of intestate succession, covering the five classes of heirs (descendants, ascendants, the surviving spouse, collateral relatives, and the state) and the applicable rules for each class. Also discussed are negative wills and laws of the Autonomous Communities.

Keywords:   Spanish civil law, intestate succession, succession law, heirs, cohabitants, relatives, negative wills, Autonomous Communities

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